Lewis L. Boniface v. P.M. Carlson, Warden, Federal Correctional Institution, Phoenix

The issue raised on this appeal is whether good time earned while in federal custody survives release on parole so as to be available for credit upon a parole violator term. The district court denied petitioner’s claim that he is entitled to such credit and we AFFIRM.

FACTS

In 1970, the petitioner appearing here in propria persona was sentenced to a term of eight years upon a narcotics charge from which he was paroled after 39 months, with 1,727 days remaining on his sentence.

While on parole, on July 7, 1975, he received a second federal sentence of ten years upon his conviction of illegal possession of explosives and conspiracy.

On December 21, 1978, petitioner was paroled from the ten-year sentence, but remained in federal prison serving out the remaining portion of his 1,727 day parole violator term from which he was apparently again paroled.

In 1982, petitioner was arrested and convicted in the state of Florida for robbery with a weapon and carrying a concealed firearm. While in custody upon the Florida charge his parole on the ten-year sentence was revoked and his new parole violator term included the unexpired terms of both the original eight year and the subsequent…